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Canopy over ROW Southern Heights Add LICENSE AGREEMENT This License Agreement, made this rL: day of January, 1991, by and between the CITY OF SALINA, KANSAS, a municipal corporation, (hereinafter referred to as "the City") and Vernon Z. Krahl and Mary F. Krahl, husband and wife, and Rebecca L. Krahl, a single person (hereinafter referred to as "Licensee"). WITNESSETH: That in consideration of the covenants, agreements, and conditions herein set forth, the City hereby grants to Licensee the right and privilege to make use of the City's right-of-way described as follows: A tract of land one and one-half feet (1~') by seventy-five feet (75') adjacent to the West sixty-two and one-half feet (62~') of Lot Fifteen (15) and the West sixty-two and one- half feet (62~') of Lot sixteen (16), Block Three (3) Southern Heights Addition, City of Salina, Saline County, Kansas (hereinafter referred to as lithe premises") . This license is upon the following terms and conditions mutually agreed by and between the parties: 1. Purpose. The premises shall be used for incorporation as a part of the adjacent building owned by Licensee and for no other purpose whatsoever without the prior written consent of the City. 2. Term. The term of this license agreement shall be five (5) years commencing on the date above and shall be renewable thereafter at the option of the City for successive five (5) year periods. The term of this license agreement shall be conditional, however, upon the commencement of improvements or alterations in keeping with the purpose stated above no later than April 1, 1991. In default thereof, this license agreement shall immediately terminate. 3. Buildings and Improvements. Licensee shall, at Licensee's sole cost and expense, make such alterations or improvements as may be necessary to fit the premises for such use, subject to prior review and approval by the business improvement district. All buildings, fixtures and improvements of every kind and nature whatever installed by Licensee shall remain the property of Licensee, who may remove the same upon termination of this license; provided, that such removal shall be done in a manner as not to injure or damage the premises and subject to the approval of the City. Should Licensee fail to remove such buildings, fixtures or improvements as above provided, the City, at its option, may require Licensee to remove them in the same manner. In the event that Licensee shall fail to remove such buildings, fixtures and improvements after receipt of notice from the City, the City may remove them and dispose of them as it sees fit and the Licensee will pay the city on demand the cost of such removal. 4. Taxes. Licensee shall pay any and all taxes levied and assessed upon any personal property, buildings, fixtures and improvements belonging to Licensee and located upon the leased premises. 5. Reoairs and Maintenance. Licensee represents that Licensee has inspected and examined the leased premises and accepts them in their present condition, and agrees that city shall not be required to make any improvements or repairs whatsoever in or upon the leased premises. Licensee agrees to make any and all improvements at Licensee's sole cost and expense, and agrees to keep the premises safe and in good order and condition at all times during the term of this license. Upon termination of this license, Licensee will quit and surrender possession of the premises quietly and peaceably and in as good order and condition as at the commencement of this lease after removal of any buildings, fixtures and improvements as outlined in paragraph (3) above, reasonable wear, tear and damage by the elements excepted. 6. Assiqnment of License. Licensee shall not assign this license or any interest therein without the prior consent of the city. 7. Liabilitv. Licensee shall hold the City harmless from any loss, cost or damage that may arise out of or in connection wi th this license or the use of the premises by Licensee, his agents, employees, or any other person using the premises. Licensee agrees to procure and maintain public liability insurance covering Licensee's use and operations on the premises, naming the City as an additional insured thereunder, with limits of not less than the maximum liability for claims which could be asserted against the city for any number of claims arising out of a single occurrence or accident under the Kansas Tort Claims Act, as it now exists and may hereafter be amended, and will from time to time increase such limits in such amount as may be necessary to at all times during the term of this license maintain such limits at the then maximum liability for such claims under the Kansas Tort Claims Act. The policy shall provide that such insurance may not be canceled by issuer thereof without at least thirty (30) days' written notice to the city. Licensee shall deliver to the City evidence of such insurance. 8. Liens. Licensee shall pay, satisfy and discharge all liens and obligations of any nature and kind whatsoever created by or the obligations of the Licensee which shall attach to or be imposed upon the premises and shall indemnify, save and hold harmless the City from such payment and from all damages and expenses attendant thereto. Licensee shall not in any respect be regarded as the agent of the City for the purpose of creating any -2- obligation which may give rise to any lien which shall attach to or be imposed on the premises. 9. Breach of License Aareement. In the event that Licensee shall fail to comply with any substantial term, condition or covenant of this license agreement within ten (10) days after written notice to do so has been mailed to him by the City, or in the event the licensee abandons the premises before the end of the term, any such events shall be deemed an immediate breach and forfeiture of the license agreement which shall then terminate. Upon such termination of this license, Licensee will quit, and surrender possession of the premises in compliance with Paragraphs 3 and 6 above. 10. Title. By granting this license, the city does not warrant title to nor the right to possess and occupy the premises pursuant to right of way. In the event that it is determined that the City is not entitled to possess and utilize the premises pursuant to right of way, this license shall terminate and Licenses shall quit and surrender possession of the premises in compliance with Paragraphs 3 and 6 above. 11. Administration. The City Manager shall serve as the representative of the City for the purpose of administering the terms of this license agreement. 12. Notices. Any notice to Licensee hereunder shall be sufficient if served on Licensee personally or posted on the premises and if so posted shall be deemed served on the date of posting or mailed to Licensee directed to its last known address, and if so mailed in the state of Kansas, shall be deemed served on the business day next following the date of mailing. IN WITNESS WHEREOF, the City of Salina, Kansas has hereunto caused this license to be signed on its behalf by its Mayor, hereunto duly authorized to do so and to be attested by its City Clerk and has caused its seal to be hereunto affixed the day and year last above written. ~.~ [SEAL] ATTEST: City Clerk -3- STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED that on this r~ day of January, 1991, before me, the undersigned, a notary public, in and for the county and state aforesaid, came Robert E. Frank, Mayor of the City of Salina, Kansas and ,Jacqueline B. Shiever, ci ty Clerk of said ci ty of Salina, Kansas, who are personally known to me to be such officers and who are personally know to me to be the same persons who executed as such off.~cers the within instrument of writing on behalf of said city and such persons duly acknowledge the execution of the same to be the act and deed of said city. IN WITNESS WHEREOF I have hereunto set my hand and affixed my seal the year and day last above mentioned. , '. ./ .~~~l /-} (X' ff) . ~k<-, Notary Public :.-,/ My Commission Expires: . JUDITH A. ROSCOE Notary PublIc - Steto of Kenll8!' ~ :.. My Appl. Expires 1/. :?" - '1 'I -4-